Subchapter C. LICENSURE


LICENSURE REQUIREMENTS

Sec.


35.221.    General requirements.
35.222.    Licensure as broker.
35.223.    Licensure as salesperson.
35.224.    Licensure as cemetery broker.
35.225.    Licensure as cemetery salesperson.
35.226.    Licensure as builder-owner salesperson.
35.227.    Licensure as rental listing referral agent.
35.228.    Licensure as campground membership salesperson.
35.229.    Licensure as time-share salesperson.

OFFICES


35.241.    General office requirement.
35.242.    Office of broker or cemetery broker.
35.243.    Licensure of branch office.
35.244.    Supervision and operation of office.
35.245.    Display of licenses in office.
35.246.    Inspection of office.

STATUS OF LICENSURE


35.251.    Relicensure following revocation.
35.252.    Termination of business of deceased broker with sole proprietorship.
35.253.    Replacement of broker kof record due to death.
35.254.    Substitution of broker or broker of record due to illness or injury.
35.255.    Reciprocal licenses.

LICENSURE REQUIREMENTS


§ 35.221. General requirements.

 In addition to meeting the other requirements of this subchapter pertaining to the specific license sought, an applicant for a standard or reciprocal real estate license shall submit the following to the Commission with the license application:

   (1)  The license fee prescribed in §  35.203 (relating to fees).

   (2)  Complete details of a conviction of, or plea of guilty or nolo contendere to, a felony or misdemeanor and the sentence imposed. In the case of an applicant that is a corporation, partnership or association, this requirement applies to each member of the partnership or association and to each officer of the corporation.

   (3)  Written consent that valid and binding service of process may be made on the applicant by serving the Chairperson of the Commission and the Secretary of the Commonwealth if the service of process cannot be made on the applicant under 231 Pa. Code (relating to rules of civil procedure) for actions at law or in equity arising out of the applicant’s real estate activities in this Commonwealth.

Authority

   The provisions of this §  35.221 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.201, 455.501, 455.601, 455.602 and 455.604).

Source

   The provisions of this §  35.221 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial page (308323).

Cross References

   This section cited in 49 Pa. Code §  35.222 (relating to licensure as a broker); 49 Pa. Code §  35.223 (relating to licensure as salesperson); 49 Pa. Code §  35.224 (relating to licensure as cemetary broker); 49 Pa. Code §  35.225 (relating to licensure as cemetery salesperson); 49 Pa. Code §  35.226 (relating to licensure as builder-owner salesperson); 49 Pa. Code §  35.227 (relating to licensure as rental listing referral agent); 49 Pa. Coce §  35.228 (relating to licensure as campground membership salesperson); and 49 Pa. Code §  35.229 (relating to licensure as time-share salesperson).

§ 35.222. Licensure as a broker.

 (a)  An individual who wants to obtain a standard broker’s license shall comply with §  35.221 (relating to general requirements) and:

   (1)  Have scored a passing grade on each part of the broker’s licensing examination within 3 years prior to submission of a properly completed license application except that an applicant who has been actively licensed as a broker by another state within the last 5 years shall take and pass only the Pennsylvania portion of the examination. See §  35.271 (relating to examination for broker’s license).

   (2)  Comply with § §  35.241 and 35.242 (relating to general office requirement; and office of broker or cemetery broker).

   (3)  Submit a completed application to the Commission with recommendations attesting to the applicant’s good reputation for honesty, trustworthiness, integrity and competence from:

     (i)   One real estate broker holding either a current standard or reciprocal license issued by the Commission.

     (ii)   Two persons unrelated to the applicant who own property in the county where the applicant resides or has a place of business.

     (iii)   Two persons unrelated to the applicant who own property in the county where the applicant previously resided, if the applicant changed his county of residence within 1 year prior to the submission of the application.

 (b)  An individual who wants to obtain a reciprocal broker’s license shall comply with §  35.221 and:

   (1)  Possess a current broker’s license issued by another state that agrees to issue a license to a standard Pennsylvania licensee without further requirement, or has qualifications for licensure substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state which would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.

   (2)  Comply with §  35.241 and §  35.242.

   (3)  Submit a completed license application to the Commission with a verified statement that:

     (i)   To the applicant’s knowledge, the applicant is not the subject of discipline or a current investigation or proceeding alleging misconduct under a licensing law or criminal law of either the Commonwealth or another state.

     (ii)   The applicant has reviewed, is familiar with and agrees to be bound by the act and this chapter.

     (iii)   The applicant agrees to permit the disclosure of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any state in which the applicant is or has been licensed.

   (4)  If the applicant will be acting as an associate broker, submit a sworn statement from the broker with whom the applicant desires to be affiliated:

     (i)   Attesting to the applicant’s good reputation for honesty, trustworthiness, integrity and competence.

     (ii)   Certifying that the applicant will be actively supervised and trained by the broker.

   (5)  Submit a certification from the real estate licensing authority of the other state:

     (i)   Confirming that the applicant’s license is active and in good standing.

     (ii)   Describing any past disciplinary action taken by the licensing authority against the applicant.

     (iii)   Listing the applicant’s office address and the name of the applicant’s employing broker.

 (c)  A partnership, association or corporation that wants to obtain a standard or reciprocal broker’s license shall:

   (1)  Ensure that each member of the partnership or association, or each officer of the corporation, who intends to engage in the real estate business holds either a current standard or reciprocal license issued by the Commission as a salesperson or broker.

   (2)  Designate an individual who is licensed by the Commission as a broker to serve as broker of record.

   (3)  Comply with § §  35.241 and 35.242.

   (4)  Submit a completed license application to the Commission.

Authority

   The provisions of this §  35.222 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.201, 455.501, 455.601, 455.602 and 455.604).

Source

   The provisions of this §  35.222 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial pages (308324) to (308325).

§ 35.223. Licensure as salesperson.

 (a)  An individual who wants to obtain a standard salesperson’s license shall comply with §  35.221 (relating to general requirements) and:

   (1)  Have scored a passing grade on each part of the salesperson’s licensing examination within 3 years prior to the submission of a properly completed license application except that an applicant who has been actively licensed as a broker or a salesperson by another state within the last 5 years shall take and pass only the Pennsylvania portion of the examination. See §  35.272 (relating to examination for salesperson’s license).

   (2)  Submit a completed license application to the Commission with:

     (i)   A sworn statement from the broker with whom the applicant desires to be affiliated:

       (A)   Attesting to the applicant’s good reputation for honesty, trustworthiness, integrity and competence.

       (B)   Certifying that he will actively supervise and train the applicant.

     (ii)   Official transcripts evidencing the acquisition of degrees or course credits required by §  35.272(a)(2).

 (b)  An individual who wants to obtain a reciprocal salesperson’s license shall comply with §  35.221 and:

   (1)  Possess a current broker’s or salesperson’s license issued by another state that agrees to issue a license to a standard Pennsylvania licensee without further requirement or has qualifications for licensure which are substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state which would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.

   (2)  Submit a completed license application to the Commission with a verified statement that:

     (i)   To the applicant’s knowledge, the applicant is not the subject of discipline or a current investigation or proceeding alleging misconduct under a licensing law or criminal law of either the Commonwealth or another state.

     (ii)   The applicant has reviewed, is familiar with and agrees to be bound by the act and this chapter.

     (iii)   The applicant agrees to permit the disclosure of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any state in which the applicant is or has been licensed.

   (3)  Submit a certification from the real estate licensing authority of the other state:

     (i)   Confirming that the applicant’s license is active and in good standing.

     (ii)   Describing any past disciplinary action taken by the licensing authority against the applicant.

     (iii)   Listing the applicant’s office address and the name of the applicant’s employing broker.

   (4)  Submit a sworn statement from a standard or reciprocal broker with whom the applicant will be affiliated:

     (i)   Attesting to the applicant’s good reputation for honesty, trustworthiness, integrity and competence.

     (ii)   Certifying that the applicant will be actively supervised and trained by the broker.

Authority

   The provisions of this §  35.223 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.201, 455.501, 455.601, 455.602 and 455.604).

Source

   The provisions of this §  35.223 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial pages (308325) to (308326).

§ 35.224. Licensure as cemetery broker.

 (a)  An individual who wants to obtain a standard cemetery broker’s license shall comply with §  35.221 (relating to general requirements) and:

   (1)  Have scored a passing grade on each part of the salesperson’s licensing examination within 3 years prior to submission of a properly completed license application except that an applicant who has been actively licensed as a cemetery broker by another state within the last 5 years shall take and pass only the Pennsylvania portion of the examination. See §  35.273 (relating to examination for cemetery broker’s license).

   (2)  Comply with § §  35.241 and 35.242 (relating to general office requirement; and office of broker or cemetery broker).

   (3)  Submit a completed application to the Commission with recommendations attesting to the applicant’s good reputation for honesty, trustworthiness, integrity and competence from:

     (i)   One real estate broker holding either a current standard or reciprocal license issued by the Commission.

     (ii)   Two persons unrelated to the applicant who own property in the county where the applicant resides or has a place of business.

     (iii)   Two persons unrelated to the applicant who own property in the county where the applicant previously resided, if the applicant changed his county of residence within 1 year prior to the submission of the application.

 (b)  An individual who wants to obtain a reciprocal cemetery broker’s license shall comply with §  35.221 and:

   (1)  Possess a current cemetery broker’s license issued by a state that agrees to issue a license to a standard Pennsylvania licensee without further requirement or has qualifications for licensure which are substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state that would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.

   (2)  Comply with §  35.241 and §  35.242.

   (3)  Submit a completed license application to the Commission with a verified statement that:

     (i)   To the applicant’s knowledge, the applicant is not the subject of discipline or a current investigation or proceeding alleging misconduct under a licensing law or criminal law of either this Commonwealth or another state.

     (ii)   The applicant has reviewed, is familiar with and agrees to be bound by the act and this chapter.

     (iii)   The applicant agrees to permit the disclosure of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any state in which the applicant is or has been licensed.

   (4)  If the applicant will be acting as an associate cemetery broker, submit a sworn statement from the broker with whom the applicant will be affiliated:

     (i)   Attesting to the applicant’s good reputation for honesty, trustworthiness, integrity and competence.

     (ii)   Certifying that the applicant will be actively supervised and trained by the broker.

   (5)  Submit a certification from the real estate licensing authority of the other state:

     (i)   Confirming that the applicant’s license is active and in good standing.

     (ii)   Describing any past disciplinary action taken by the licensing authority against the applicant.

     (iii)   Listing the applicant’s office address and the name of the applicant’s employing broker.

 (c)  A partnership, association or corporation that wants to obtain a standard cemetery broker’s license shall:

   (1)  Ensure that each member of the partnership, association or each officer of the corporation, who intends to engage in the real estate business possesses a standard license as a broker or cemetery broker issued by the Commission.

   (2)  Designate an individual who is licensed by the Commission as a broker or cemetery broker to serve as broker of record.

   (3)  Comply with § §  35.241 and 35.242.

   (4)  Submit a complete license application to the Commission.

 (d)  A partnership, association or corporation that wants to obtain a reciprocal cemetery broker’s license shall:

   (1)  Ensure that each member of the partnership, association or each officer of the corporation, who intends to engage in the real estate business possesses a standard or reciprocal license as a broker or cemetery broker issued by the Commission.

   (2)  Designate a broker or cemetery broker holding a standard or reciprocal license to serve as broker of record.

   (3)  Comply with § §  35.241 and 35.242.

   (4)  Submit a complete license application to the Commission.

Authority

   The provisions of this §  35.224 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.201, 455.501, 455.601, 455.602 and 455.604).

Source

   The provisions of this §  35.224 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial pages (308326) to (308327).

§ 35.225. Licensure as cemetery salesperson.

 (a)  An individual who wants to obtain a standard cemetery salespersons license shall comply with §  35.221 (relating to general requirements) and:

   (1)  Be 18 years of age or older.

   (2)  Submit a completed license application to the Commission with a sworn affidavit from the broker or cemetery broker with whom the applicant will be affiliated:

     (i)   Attesting to the applicant’s good reputation for honesty, integrity, trustworthiness and competence.

     (ii)   Certifying that he will actively supervise and train the applicant.

 (b)  An individual who wants to obtain a reciprocal cemetery salesperson’s license shall comply with §  35.221 and:

   (1)  Possess a current cemetery salesperson’s license issued by a state that agrees to issue a license to a standard Pennsylvania licensee without further requirement or has qualifications for licensure which are substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state that would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.

   (2)  Submit a certification from the real estate licensing authority of the other state:

     (i)   Confirming that the applicant’s license is active and in good standing.

     (ii)   Describing any past disciplinary action taken by the licensing authority against the applicant.

     (iii)   Listing the applicant’s office address and the name of the applicant’s employing broker.

   (3)  Submit a completed license application to the Commission with a verified statement that:

     (i)   To the applicant’s knowledge, the applicant is not the subject of discipline or a current investigation or proceeding alleging misconduct under a licensing law or criminal law of either this Commonwealth or another state.

     (ii)   The applicant has reviewed, is familiar with and agrees to be bound by the act and this chapter.

     (iii)   The applicant agrees to permit the disclosure of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any state in which the applicant is or has been licensed.

   (4)  Submit a sworn statement from the broker with whom the applicant will be affiliated:

     (i)   Attesting to the applicant’s good reputation for honesty, trustworthiness, integrity and competence.

     (ii)   Certifying that the applicant will be actively supervised and trained by the broker.

Authority

   The provisions of this §  35.225 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.201, 455.501, 455.601, 455.602 and 455.604).

Source

   The provisions of this §  35.225 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial page (308327).

§ 35.226. Licensure as builder-owner salesperson.

 (a)  An individual who wants to obtain a standard builder-owner salesperson’s license shall comply with §  35.221 (relating to general requirements) and:

   (1)  Have scored a passing grade on each part of the salesperson’s licensing examination within 3 years prior to submission of a properly completed license application except that an applicant who has been actively licensed as a broker, salesperson or builder-owner salesperson by another state within the last 5 years shall take and pass only the Pennsylvania portion of the examination. See §  35.274 (relating to examination for builder-owner salesperson’s license).

   (2)  Submit a completed license application to the Commission with a sworn statement from a builder-owner:

     (i)   Attesting to the applicant’s good reputation for honesty, trustworthiness, integrity and competence.

     (ii)   Certifying that he:

       (A)   Is a builder-owner of single or multifamily dwellings.

       (B)   Employs the applicant.

 (b)  An individual who wants to obtain a reciprocal license as a builder-owner salesperson shall comply with §  35.221 and:

   (1)  Possess a current builder-owner salesperson license issued by a state that agrees to issue a license to a standard Pennsylvania licensee without further requirement or has qualifications for licensure which are substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state that would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.

   (2)  Submit a certification from the real estate licensing authority of the other state:

     (i)   Confirming that the applicant’s license is active and in good standing.

     (ii)   Describing any past disciplinary action taken by the licensing authority against the applicant.

     (iii)   Listing the applicant’s office address and the name of the applicant’s employing broker.

   (3)  Submit a completed license application to the Commission with a verified statement that:

     (i)   To the applicant’s knowledge, the applicant is not the subject of discipline or a current investigation or proceeding alleging misconduct under a licensing law or criminal law of either this Commonwealth or another state.

     (ii)   The applicant has reviewed, is familiar with and agrees to be bound by the act and this chapter.

     (iii)   The applicant agrees to permit the disclosure of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any state in which the applicant is or has been licensed.

   (4)  Submit a sworn statement from the builder-owner with whom the applicant will be affiliated:

     (i)   Attesting to the applicant’s good reputation for honesty, trustworthiness, integrity and competence.

     (ii)   Certifying that the builder-owner is a builder-owner of single or multifamily dwellings and employs the applicant.

Authority

   The provisions of this §  35.226 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.201, 455.501, 455.601, 455.602 and 455.604).

Source

   The provisions of this §  35.226 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial pages (308327) to (308328).

§ 35.227. Licensure as rental listing referral agent.

 (a)  An individual who wants to obtain a standard rental listing referral agent’s license shall comply with §  35.221 (relating to general requirements) and:

   (1)  Have scored a passing grade on each part of the salesperson’s examination within 3 years prior to submis-sion of a properly completed license application except that an applicant who has been actively licensed as a broker, salesperson or rental listing referral agent by another state within the last 5 years shall take and pass only the Pennsylvania portion of the examination. See §  35.275 (relating to examination for rental listing referral agent’s license).

   (2)  Comply with §  35.241 (relating to general office requirement).

   (3)  Submit a completed license application to the Commission.

 (b)  An individual who wants to obtain a reciprocal rental listing referral agent’s license shall comply with §  35.221 and:

   (1)  Possess a current rental listing referral agent’s license issued by a state that agrees to issue a license to a standard Pennsylvania licensee without further requirement or has qualifications for licensure which are substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state that would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.

   (2)  Submit a certification from the real estate licensing authority of the other state:

     (i)   Confirming that the license is active and in good standing.

     (ii)   Describing any past disciplinary action taken by the licensing authority against the applicant.

     (iii)   Listing the applicant’s office address and the name of the applicant’s employing broker.

   (3)  Submit a completed license application to the Commission with a verified statement that:

     (i)   To the applicant’s knowledge, the applicant is not the subject of discipline or a current investigation or proceeding alleging misconduct under a licensing law or criminal law of either this Commonwealth or another state.

     (ii)   The applicant has reviewed, is familiar with and agrees to be bound by the act and this chapter.

     (iii)   The applicant agrees to permit the disclosure of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any state in which the applicant is or has been licensed.

   (4)  Comply with §  35.241 (relating to general office requirement).

 (c)  A partnership, association or corporation that wants to obtain a standard or reciprocal rental listing referral agent’s license shall:

   (1)  Designate an individual who holds either a current standard or reciprocal license as a rental listing referral agent issued by the Commission to serve as manager of record.

   (2)  Comply with §  35.241.

   (3)  Submit a completed license application to the Commission.

Authority

   The provisions of this §  35.227 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.201, 455.501, 455.601, 455.602 and 455.604).

Source

   The provisions of this §  35.227 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial page (308328).

§ 35.228. Licensure as campground membership salesperson.

 (a)  An individual who wants to obtain a standard campground membership salesperson’s license shall comply with §  35.221 (relating to general requirements) and:

   (1)  Be 18 years of age or older.

   (2)  Have successfully completed the one-credit (15 hours), Commission-developed course titled Campground Membership Sales, provided the following conditions are met:

     (i)   The course was taken prior to onsite training.

     (ii)   The course was taught at an accredited college, university or institute of higher learning in this Commonwealth or a real estate education provider in this Commonwealth approved by the Commission.

   (3)  Have successfully completed 30 days of onsite training at a campground membership facility subject to the following conditions:

     (i)   The 30 days of onsite training shall be completed during a 90-day period within 3 years prior to the submission of a license application.

     (ii)   The trainee shall be actively supervised and trained by a broker.

   (4)  Submit a completed license application to the Commission with:

     (i)   An official transcript evidencing acquisition of the qualifying coursework or degree.

     (ii)   A sworn statement from the broker under whom the applicant received his onsite training certifying that he actively trained and supervised the applicant and providing other information regarding the onsite training as the Commission may require.

 (b)  An individual who wants to obtain a reciprocal campground membership salesperson’s license shall comply with §  35.221 and:

   (1)  Possess a current campground membership salesperson’s license issued by a state that agrees to issue a license to a standard Pennsylvania licensee without further requirement or has qualifications for licensure which are substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state that would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.

   (2)  Submit a certification from the real estate licensing authority of the other state:

     (i)   Confirming that the applicant’s license is active and in good standing.

     (ii)   Describing any past disciplinary action taken by the licensing authority against the applicant.

     (iii)   Listing the applicant’s office address and the name of the applicant’s employing broker.

   (3)  Submit a completed license application to the Commission with a verified statement that:

     (i)   To the applicant’s knowledge, the applicant is not the subject of discipline or a current investigation or proceeding alleging misconduct under a licensing law or criminal law of either the Commonwealth or another state.

     (ii)   The applicant has reviewed, is familiar with and agrees to be bound by the act and this chapter.

     (iii)   The applicant agrees to permit the disclosure of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any state in which the applicant is or has been licensed.

   (4)  Submit a sworn statement from the broker from whom the applicant received his onsite training certifying that the broker actively trained and supervised the applicant and providing other information regarding the onsite training the Commission may require.

Authority

   The provisions of this §  35.228 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.201, 455.501, 455.601, 455.602 and 455.604).

Source

   The provisions of this §  35.228 adopted June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial pages (308328) to (308329).

§ 35.229. Licensure as time-share salesperson.

 (a)  An individual who wants to obtain a standard time-share salesperson’s license shall comply with §  35.221 (relating to general requirements) and:

   (1)  Be at least 18 years of age.

   (2)  Have successfully completed the two-credit (30 hours), Commission-developed course titled Time Share Sales, provided the following conditions are met:

     (i)   The course was taken prior to onsite training.

     (ii)   The course was taught at an accredited college, university or institute of higher learning in this Commonwealth or a real estate education provider in this Commonwealth approved by the Commission.

   (3)  Have successfully completed 30 days of onsite training at a time share facility subject to the following conditions:

     (i)   The 30 days of onsite training shall be completed during a 90-day period within 3 years prior to the submission of a license application.

     (ii)   The trainee shall be actively supervised and trained by a broker.

   (4)  Submit a completed license application to the Commission with:

     (i)   An official transcript evidencing acquisition of the qualifying coursework or degree.

     (ii)   A sworn statement from the broker under whom the applicant received his onsite training certifying that he actively trained and supervised the applicant and providing other information regarding the onsite training the Commission may require.

 (b)  An individual who wants to obtain a reciprocal time-share salesperson’s license shall comply with §  35.221 and:

   (1)  Possess a current time-share salesperson’s license issued by a state that agrees to issue a license to a standard Pennsylvania licensee without further requirement or has qualifications for licensure which are substantially comparable to those required by the Commission. When a reciprocal applicant applies from a state that would require a Pennsylvania licensee to complete additional education, experience or examination requirements, the reciprocal applicant shall complete equivalent requirements for licensure in this Commonwealth.

   (2)  Submit a certification from the real estate licensing authority of the other state:

     (i)   Confirming that the applicant’s license is active and in good standing.

     (ii)   Describing any past disciplinary action taken by the licensing authority against the applicant.

     (iii)   Listing the applicant’s office address and the name of the applicant’s employing broker.

   (3)  Submit a completed license application to the Commission with a verified statement that:

     (i)   To the applicant’s knowledge, the applicant is not the subject of discipline or a current investigation or proceeding alleging misconduct under a licensing law or criminal law of either this Commonwealth or another state.

     (ii)   The applicant has reviewed and is familiar with the act and the regulations and agrees to be bound by the act and regulations.

     (iii)   The applicant agrees to permit the disclosure of the record in any disciplinary proceeding involving alleged misconduct by the applicant from any state in which the applicant is or has been licensed.

   (4)  Submit a sworn statement from the broker from whom the applicant received his onsite training certifying that he actively trained and supervised the applicant and providing other information regarding the onsite training the Commission may require.

Authority

   The provisions of this §  35.229 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.201, 455.501, 455.601, 455.602 and 455.604).

Source

   The provisions of this §  35.229 adopted June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial pages (308329) to (308330).

OFFICES


§ 35.241. General office requirement.

 (a)  A broker, cemetery broker, or rental listing referral agent shall maintain a main office in this Commonwealth unless he maintains a main office in another state where he holds the equivalent of a standard license.

 (b)  A broker, cemetery broker or rental listing referral agent may maintain more than one office in this Commonwealth. A branch office license is required for each additional office maintained by a broker or cemetery broker. See §  35.243 (relating to licensure of branch office).

Authority

   The provisions of this §  35.241 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.201, 455.501, 455.601, 455.602 and 455.604).

Source

   The provisions of this §  35.241 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial pages (308330).

Cross References

   This section cited in 49 Pa. Code §  35.222 (relating to licensure as broker); 49 Pa. Code §  35.224 (relating to licensure as cemetery broker); and 49 Pa. Code §  35.227 (relating to licensure as rental listing referral agent).

§ 35.242. Office of broker or cemetery broker.

 (a)  The office of a broker or cemetery broker in this Commonwealth shall be devoted to the transaction of real estate business and be arranged to permit business to be conducted in privacy.

 (b)  If the office of a broker or cemetery broker in this Commonwealth is located in a private residence, the entrance to the office shall be separate from the entrance to the residence.

 (c)  The business name of the broker or cemetery broker, as designated on the license, shall be displayed prominently and in permanent fashion outside the office in this Commonwealth.

 (d)  A branch office operated by a broker or cemetery broker in this Commonwealth shall be in compliance with this section.

Authority

   The provisions of this §  35.242 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.201, 455.501, 455.601, 455.602 and 455.604).

Source

   The provisions of this §  35.242 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial page (308331).

Cross References

   This section cited in 49 Pa. Code §  35.222 (relating to licensure as broker); 49 Pa. Code §  35.224 (relating to licensure as cemetery broker); and 49 Pa. Code §  43b.8 (relating to schedule of civil penalties—real estate and cemetery brokers, real estate schools).

§ 35.243. Licensure of branch office.

 (a)  A broker or cemetery broker may not open a branch office in this Commonwealth without first obtaining a branch office license for that location from the Commission. A broker or cemetery broker who wants to obtain a Pennsylvania branch office license shall submit a completed license application to the Commission with the license fee prescribed in §  35.203 (relating to fees).

 (b)  A branch office license will be issued in the name under which the broker or cemetery broker is licensed to conduct business at the main office.

 (c)  A branch office license terminates automatically with the suspension, revocation or discontinuance, for whatever reason, of the license of the broker or cemetery broker to whom the branch office license was issued.

Authority

   The provisions of this §  35.243 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.243 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904. Immediately preceding text appears at serial pages (135743) to (135744).

Cross References

   This section cited in 49 Pa. Code §  35.241 (relating to general office requirement); and 49 Pa. Code §  43b.8 (relating to schedule of civil penalties—real estate and cemetery brokers, real estate schools).

§ 35.244. Supervision and operation of office.

 (a)  The main or branch office in this Commonwealth of a broker shall be under the direction and supervision of a broker or associate broker holding either a standard or reciprocal license.

 (b)  The main or branch office in this Commonwealth of a cemetery broker shall be under the direction and supervision of a broker, cemetery broker, associate broker or associate cemetery broker holding either a standard or reciprocal license.

 (c)  An associate broker, salesperson, cemetery salesperson, campground membership salesperson or time-share salesperson shall practice in affiliation with a broker holding either a reciprocal or standard license issued by the Commission.

 (d)  A branch office in this Commonwealth may not be operated in a manner that permits, or is intended to permit, an employee to carry on the business of the office for the employee’s sole benefit.

 (e)  The office in this Commonwealth of a rental listing referral agent shall be under the direction and supervision of a rental listing referral agent holding either a standard or reciprocal license issued by the Commission. A rental listing referral agent may not supervise more than one office.

Authority

   The provisions of this §  35.244 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S § §  455.201, 455.501, 455.601, 455.602 and 455.604).

Source

   The provisions of this §  35.244 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial page (308332).

§ 35.245. Display of licenses in office.

 (a)  Commencing with the 2006-2008 renewal period the current license of a broker, cemetery broker or rental listing referral agent and those licensees employed by or affiliated with that broker, cemetery broker or rental listing referral agent shall be maintained at the main office.

 (b)  A broker or cemetery broker shall maintain a list of licensees employed or affiliated with the broker or cemetery broker at the branch office out of which each licensee works.

Authority

   The provisions of this §  35.245 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902); amended under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.201, 455.501, 455.601, 455.602 and 455.604).

Source

   The provisions of this §  35.245 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial pages (308332) to (308333).

Cross References

   This section cited in 49 Pa. Code §  43b.8 (relating to schedule of civil penalties—real estate and cemetery brokers, real estate schools).

§ 35.246. Inspection of office.

 (a)  Routine inspections. No more than four times a year during regular business hours, the Commission or its authorized representatives may conduct a routine inspection of the main office or branch office of a broker, cemetery broker or rental listing referral agent for the purpose of determining whether the office is being operated in compliance with the act and this chapter.

 (b)  Special inspections. In addition to the routine inspections authorized by subsection (a), the Commission or its authorized representatives may conduct a special inspection of a main or branch office:

   (1)  Upon a complaint or reasonable belief that the broker, cemetery broker or rental listing referral agent, or a licensed employe of a broker, cemetery broker or rental listing referral agent, has violated the act or this chapter.

   (2)  As a follow-up to a previous inspection that revealed the office’s noncompliance with the act or this chapter.

 (c)  Commission notice. Prior to the start of a routine or special inspection, the Commission or its authorized representatives will advise the broker, cemetery broker, rental listing referral agent or other licensee who may be in charge of the office at the time of the inspection that the inspection is being made under this section and is limited in scope by this section.

 (d)  Permissible Commission actions. During the course of a routine or special inspection, the Commission or its authorized representatives will be permitted to:

   (1)  Examine the records of the office pertaining to:

     (i)   Real estate transactions or rental listing referrals.

     (ii)   The corporation, partnership or association that holds a broker’s or cemetery broker’s license.

   (2)  Inspect all areas of the office.

   (3)  Interview the broker, cemetery broker, rental listing referral agent and other licensed or unlicensed employes who work in the office.

   (4)  Obtain the broker’s or cemetery broker’s written authorization to the bank or depository where the broker or cemetery broker maintains his escrow account that it may release copies of the records of the account to the Commission or its authorized representatives.

Authority

   The provisions of this §  35.246 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.246 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904. Immediately preceding text appears at serial pages (135745) to (135746).

Cross References

   This section cited in 49 Pa. Code §  35.286 (relating to retention and production of records); 49 Pa. Code §  35.325 (relating to escrow account); and 49 Pa. Code §  35.328 (relating to escrow records).

STATUS OF LICENSURE


§ 35.251. Relicensure following revocation.

 The Commission will not authorize relicensure of an individual whose license has been revoked for at least 5 years following the date revocation begins. After the 5-year period, the individual may petition the Commission for relicensure. The decision to permit relicensure is within the Commission’s discretion. If relicensure is permitted, the individual shall comply with current requirements for licensure before the license is issued.

Authority

   The provisions of this §  35.251 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.251 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781.

§ 35.252. Termination of business of deceased broker with sole proprietorship.

 (a)  Within 15 days following the death of a broker with a sole proprietorship, the deceased broker’s estate shall notify the Commission that the estate has appointed another licensed broker to supervise the termination of the deceased broker’s business. The appointment is subject to verification that the appointed broker has a current license.

 (b)  The appointed broker shall observe the following rules during the termination period:

   (1)  New listing agreements may not be entered into.

   (2)  Unexpired listing agreements may be promoted unless the seller or lessor elects to cancel the agreement. Unexpired listings will expire automatically 90 days after the broker dies and may not be renewed.

   (3)  Pending agreements of sale or lease may proceed to consummation.

   (4)  New licensees may not be hired.

Authority

   The provisions of this §  35.252 issued under the Real Estate Licensing and Registration Act (63 P. S. § §  455.101—455.902).

Source

   The provisions of this §  35.252 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530. Immediately preceding text appears at serial pages (287884) and (305557).

§ 35.253. Replacement of broker of record due to death.

 Within 15 days following the death of a broker of record, a partner or corporate officer shall file an application with the Commission designating another individual to serve as broker of record.

Authority

   The provisions of this §  35.253 issued under sections 402, 404, 404.1 and 513 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.402, 455.404, 455.404a and 455.513).

Source

   The provisions of this §  35.253 adopted December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530.

§ 35.254. Substitution of broker or broker of record due to illness or injury.

 If a broker with a sole proprietorship or broker of record is unable to act as a broker/broker of record due to illness or injury, the broker’s attorney or another with power of attorney for the broker in a sole proprietorship, a corporate officer or partner shall notify the Commission within 15 days that it has appointed another licensed broker to act as the interim broker/broker of record for the corporation, partnership or sole proprietorship until the broker/broker of record is able to resume his responsibilities.

Authority

   The provisions of this §  35.254 issued under sections 402, 404, 404.1, and 513 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.402, 455.404, 455.404a and 455.513).

Source

   The provisions of this §  35.254 adopted December 10, 2004, effective December 11, 2004, 34 Pa.B. 6530.

§ 35.255. Reciprocal licenses.

 (a)  Renewal. In addition to completing the application and paying the fee, a licensee applying for renewal of a reciprocal license shall provide the Commission with a certification that the license is current and in good standing from the state where the licensee has his principal place of business.

 (b)  Reactivation. A licensee who fails to renew a reciprocal license may reactivate the license without being reexamined provided that he holds the equivalent of a current standard license in the state where the licensee has his principal place of business.

 (c)  Conversion to standard license. A reciprocal licensee who designates his principal place of business as in this Commonwealth or who fails to maintain a current standard license in the state of his principal place of business shall notify the Commission within 30 days of the change. To continue to practice in this Commonwealth at the end of the renewal period, the reciprocal licensee shall obtain a standard license in accordance with the applicable requirements of this chapter. Thereafter, the standard licensee shall comply with the requirements for a standard license, including completion of the continuing education requirement.

Authority

   The provisions of this §  35.255 issued under sections 201, 501, 601, 602 and 604 of the Real Estate Licensing and Registration Act (63 P. S. § §  455.201, 455.501, 455.601, 455.602 and 455.604).

Source

   The provisions of this §  35.255 adopted August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711.



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